Civil Procedure Code (CPC)

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ram (aaaaa)     29 December 2011

Null & void urgent

i had depression a year before marriage which i told my wife after 2 months of  marriage..after which she left me and when to parents home..I and my parents tried to convince her & her parents but she refused to return..we have also given them some of my old prescriptttions for depression ...after some time she has given legal notice for divorce stating i have schizhophrenia and threatening us to give 10-15L for mutual seperation..we have refused the same...now she has filed case in family court for null & Void marriage..

.. will the court order for any medical test for schizophrenia/depression ?will I have to pay her maintenance in case the marriage is made null & void.?.also if marriage is made null & void ..can I marry again.?.



 5 Replies

ritu sharma (lawyer)     29 December 2011

ram,

you can remarry after you marriage declare null and void.    but bear it in mind that you may be directed to pay maintenance to your wife during case proccedings  according to your case and status.   

advocate ritu sharma

1 Like

ram (aaaaa)     29 December 2011

madam,

but can it be declared as null & void ,as i had pblm only year before marriage..

galsober@yahoo.co.in (def)     29 December 2011

The court's decision will be on merits. All she told is that---  Its more likely that u paying maint 2 her

dipender kumar (advocate)     30 December 2011

If you prove that you have fully cured before the marriage and you are not suffering same afterwards, she will not get null and void decree.


(Guest)

@ Ritu Sharma, Advocate

 

1. I would like to submit respectfully that as only a advocate can provide legal advice, likewise only a Medical Doctor can make a diagnosis of a disease. Even if the plaintiff is a medical proffessional, a third party medical advice can only provide an unbiased medical opinion. 

 

2. I would also like to state that the petitioners ( wife) claim that the husband has Schizophrenia is frivolous until proven by medical doctor. 

 

3. Furthemore, this LCI member belonging to common public assets:-

(a) That more than 121 million people worldwide suffer from depression. Authority:  https://www.who.int/mental_health/management/depression/definition/en/

(b) That Depression can be reliably cured under primary care.

 

4. In the light of the above, the undersigned asserts that a medical evaluation result proving the presence or absence of the disease, if any should be the starting point for any litigation. 

 

5. In the absence of a  medical report, there is no leg for litigation.

 

@Ram

1.  Can you santize your medical report by removing  personally identifiable information and post to the forum for further analysis ? Since you are interested in saving your marriage, please try to consult a reputed Psychiatrist and obtain medical report for rebuttal. 

 

2. See @Dipender Kumars post - Try to obtain medical records which can prove Dipenders perspective, ie if you were cured or asymptomatic at the time of the marriage, then marriage cannot be nulled. 

 

 

 

 


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